Pradeep Deepaklal Nichani v. Atul Construction Co. And ORS.

oar18-15.doc sg

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICITON OFFICIAL ASSIGNEE'S REPORT NO.18 OF 2015 IN NOTICE OF MOTION NO.22 OF 2014 IN INSOLVENCY PETITION NO.67 OF 2003 Pradeep Deepaklal Nichani ....Petitioning Creditor v/s Atul Construction Co. & Ors.

....Respondents ....

Ms. Kavita S. Lalwani, for the Petitioning Creditor. Mr. R.C. Jain, for Insolvent No.3.

Mr. M.D. Narvekar, Official Assignee present. .....

CORAM : S.C. GUPTE, J.

DATED : 4 AUGUST, 2015 P.C.:

.

The Official Assignee has presented this report seeking directions to make payment to the legal heirs of the deceased Creditors. Heard learned Counsel for the Petitioning Creditors. The Official Assignee has already made payments to nearly 114 Creditors out of 145 Creditors of the Insolvent. It is submitted that some of the original Creditors have expired and that advance receipts are signed and lodged by their legal heirs along with the death certificate/authority letter. The report is allowed in terms of prayer clause (b) of the report.

2.

Having regard to the fact that, from out of the list of 145 Creditors of the Insolvent, the Creditor appearing at Sr. Nos. 1 to 12 is the Pg 1 of 2

oar18-15.doc same person, namely, Gobind A. Advani, the amounts in respect of these twelve claims shall be released to his legal heirs on submitting one single affidavit-cum-indemnity bond and consent letter. 3.

The Official Assignee's Report is disposed of accordingly. (S.C. Gupte, J.) Pg 2 of 2